Tigo Energy Management Software and Service
2. Right to Use the Service
3. Using the Service
4. Your Service account, associated accounts, and accounts from third parties
Only you may use your Service account. You must keep your accounts and passwords confidential. You must contact us immediately if you suspect misuse of your accounts or any security breach in the Service. For some parts of the Service, you may be able to set up additional accounts that are dependent on your account (i.e., “associated accounts”). You are responsible for all activity that takes place with your Service account and any associated accounts.
If you use an associated account, you acknowledge that the holder of the Service account has full control over your associated account. If a third party, such as a system integrator, opened or otherwise initiated your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information.
5. Status of data
Data provided to us in connection with the Service, and all data generated by your solar energy system which is conveyed through a Tigo Energy Maximizer Management Unit or Cloud Connect device is stored in Tigo Energy datacenters. Such datacenters may be outside of the country in which the data originated. To the extent allowed by applicable law, all such data, including data that you provide to us in connection with the Service, will be, as soon as such data is stored in a Tigo datacenter, owned by Tigo. Your subsequent use of such data will be subject to Section 2, above. If applicable law requires that you remain owner of all or part of your data, then with respect to such data owned by you, you hereby grant to us a license to use such data as provided herein. As the owner and/or licensee of all such data, Tigo’s rights in and to the data will include, but not be limited to the following: (i) collect, receive, deposit, organize and maintain such data in our datacenters; (ii) access, use, extract and enhance such data to (a) provide services supplied by us or requested by you, and contact you regarding such services, (b) contact you regarding new or improved services, (c) obtain your consent for us to contact you in connection with other products, services and opportunities selected by us as potentially of interest to you, (d) create and deliver specified reports to you, and (e) comply with applicable law; (iii) permit access to such data by authorized persons identified by you; and (iv) extract, convert and otherwise use such data, including disclosing such data to third parties for Tigo’s business purposes.
You are responsible for backing up the data that you store on the Service. If your Service is suspended or canceled, we may permanently delete the data that you have stored from our datacenter. We have no obligation to return data to you after the Service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.
The data provided by us through the Service should not be considered an entirely accurate account of the energy production of your solar energy system. Such data should be used by you for informational purposes only. Use of the information for other purposes (including but not limited to disclosure to us or third parties for AC revenue reporting or to support warranty claims) requires express notification to us and mutual agreement by you and us, as reporting often requires additional equipment and incremental services to comply with reporting requirements.
In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer, your use of the Service, and Service performance. In addition to our ownership and/or license and use of the data you provide to us as set forth in Section 5, above, to the extent allowed by applicable law, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Tigo Energy or our customers, including the enforcement of our agreements or policies governing your use of the Service; and (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Tigo Energy employees, customers, or the public.
Any software we provide to you is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that’s included in the Service, except and only to the extent that the applicable copyright law expressly permits doing so.
The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.
9. No Warranty
10. Liability Limitation
The limitations and exclusions apply to any loss or damage incurred by you in connection with:
- Your use of the Service and Software.
- Your loss of data.
- Internet delays or delivery failures.
- Content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the Service.
- Viruses or other disabling features that affect your access to or use of the Service.
- Incompatibility between the Service and other services, software, and hardware.
- Delays or failures you may have in starting or completing transmissions or transactions in connection with the Service in an accurate or timely manner.
- Your claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.
THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THE REMEDY SET FORTH IN THIS SECTION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.
SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE, OR COUNTRY DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.
11. Changes to the Service and Cancellation
We may change the Service or delete features at any time for any reason. A particular Service may be a prerelease version, e.g., a beta version, and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.
You may cancel the Service at any time and for any reason. If you have subscribed for a paid version of our Service, some cancellation charges may apply.
12. General legal terms
You agree to release, defend, indemnify, and hold Tigo Energy and its affiliates harmless from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Software or Services or your violation of these terms; and (b) to the extent allowed by applicable law, the use of your data.
All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the State of California, excluding its conflict of laws rules. The parties irrevocably submit to the exclusive jurisdiction of courts located in the State of California. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TIGO ENERGY ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Notifications of claimed copyright infringement should be sent to our designated agent.